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HOME > Articles by: Michael J. Rust

Michael J. Rust

Law Blog

Apportionment Allowed Against Plaintiff’s Employer

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Contingency Fee Agreement Cannot Be Sole Basis For Attorney Fee Claim

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No Duty to Defend Owed by Insurer in Teacher Abuse Case

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Court of Appeals Further Clarifies Law on Apportionment of Fault to Non-Parties

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A Win in a Construction Site Accident Case

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Ford Punished for Failure to Disclose Insurance Coverage

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Plaintiff’s Complaint Dismissed With Prejudice and Attorneys’ Fees Awarded for Discovery Abuse

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Hospitals Allowed to Assert Liens for Amounts Over and Above What Health Insurers Pay

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Does Common Law Contribution and Indemnity Still Exist?

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Fine Print Dooms Limitation-of-Liability Clause

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Under Limited Circumstances, Right of Contribution Still Exists Under Georgia's Apportionment Law

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Insurers Successfully Enforce Settlement Agreements Against Plaintiffs Who Allege Settlement Offer Rejections

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Court of Appeals Affirms Summary Judgment for DOT Against Driver Who Could Not Prove Rainwater Accumulation

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A Rare Motion to Dismiss Granted in a Premises Liability/Negligent Security Lawsuit

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It is Necessary to Identify Available Insurance Coverage in Discovery

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Summary Judgment for Road Designer Where Driver Ignores Existing Signs and Causes Wreck

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Employee Cannot Sue Fellow Worker When He Has Received Workers' Compensation Benefits

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Juries Are Allowed to Apportion Damages to Criminal Assailants in Premises Liability Cases

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Divided Supreme Court Rules against Insurer in Reservation of Rights Case

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A Party May Not Be Excluded From the Courtroom Because of Her Physical or Mental Condition

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Insurers Must Pay Diminution in Value for Real Property

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Apportionment Required Even if Plaintiff is not Negligent

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Construction Site Accident Claim Barred Under Independent Contractor Theory

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One Man’s Trash is Another Man’s Treasure

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Judge is Given Discretion in Awarding Attorney’s Fees

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Pattern Jury Charge on Comparative Negligence Thrown Out

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A Win for Our Client in an Insurance Coverage Case Involving the Duty to Defend

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Georgia Supreme Court Upholds Statute of Repose for Construction Defects

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Construction Project Indemnification Upheld

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Jury Instruction Allowing Apportionment of Fault Against a Non-Party Criminal Approved in Premises Liability Case

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Convenience Stores May Be Liable For Sale of Alcohol Under Dram Shop Act

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Expert Causation Testimony Required in Toxic Tort Case

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Florida Wrongful Death Law Violates Public Policy of Georgia

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Employee On The Way To Work Is Not In The Scope Of Employment

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Court of Appeals Rules on When Late Notice of a Claim Voids Coverage

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Divided Court of Appeals Applies Assumption of Risk to Nine-Year-Old

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Court of Appeals Agrees That a Manufacturer Does Not Have a Duty to Warn of Obvious and Avoidable Dangers

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Supreme Court Will Not Rule on Apportionment Issue

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Georgia Supreme Court Rules that Negligent Workmanship Can Be An “Occurrence” Under Commercial General Liability Policy

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Court of Appeals Affirms $5M Wrongful Death Award

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Supreme Court Agrees to Rule on Apportionment Issue

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Ruling Against Insurer Regarding the Duty to Defend in an Assault and Battery Case

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Court of Appeals Eliminates Cross-Claims for Contribution and Set-Offs for Settlements

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A Win for Our Client in a Wrongful Death Case Involving a Franchisor/Franchisee Relationship

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Insurer Loses Subrogation Case Based on Voluntary Payment Doctrine

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A Good Decision for Property Owners When Construction Accidents Occur

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Fulton County Jury Awards $4.3M in Slip and Fall

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DeKalb County Judges Allow Apportionment Against Criminal Assailant in Premises Liability Case

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Court of Appeals Win for the Defendant in a Trip and Fall Case

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Supreme Court Rules for Defendants in Bizarre Case Regarding the Necessity of Expert Testimony

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Court of Appeals Answers Apportionment Question in Favor of Defendants

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Supreme Court Agrees that Expert Should Not Have Been Allowed to Testify in Bridge Construction Case

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Court of Appeals Upholds $11 Million Judgment and Adopts “Doctrine of Statutory Employment” For Trucking Companies.

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Court of Appeals Defines Which Workers Are Considered “Employees” on a Construction Site

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Supreme Court Approves of Private Communications Between Defense Counsel and Plaintiffs' Treating Physicians

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Insurer Must Pay Seven Figure Settlement for Which There Was No Coverage Because of Failure to Properly Reserve Rights

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Doctrine of “Avoidable Consequences” Leads to Summary Judgment for Defendants

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Failure of Insured to Consent to Settlement Eliminates Right of Subrogation

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Specificity is Required for Indemnification Agreements

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Northern District of Georgia Finds No duty to Defend in Declaratory Judgment Action Dealing with Self-Funded Retention Provision of CGL Policy

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Georgia Supreme Court Agrees That “On Call” Does Not Equal “On The Job”

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Georgia Court of Appeals Rules That Defective Workmanship May Be An “Occurrence” Under a CGL Policy, But Excluded As a “Business Risk”

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The Georgia Supreme Court Clarifies Rules for Cancellation of an Automobile Insurance Policy

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Georgia Supreme Court Overturns Damages Limits in Malpractice Cases

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